L-1 Alien's Eligibility

All L-1 employees must have been employed by the your company outside of the USA for at least one of the three years preceding the transfer unless the beneficiary of a blanket. It does not matter if the worker was directly employed by the sponsor, or paid through an agency or personal service company, or even on a freelance basis, provided the sponsor had management and control over the worker during the qualifying year.

The employee must have been employed during the qualifying year as an executive, manager, or specialized knowledge worker, though it permissible for a specialized knowledge worker to come to the United States as a Manager or Executive, and for a manager or executive to come as a specialized knowledge worker, provided the US operation has been doing business for at least one year.

As noted previously, the 'standard of proof' for managers and executives is quite strict – they must generally supervise other professional or managerial staff and/or direct and control the day-to-day operations of a significant function, unit or subdivision of the employer. Specialized knowledge workers, however, qualify relatively easily – any employee with familiarity with the employer's specific products, procedures or methods may qualify.

Managers/Executives

The legal definition of management and executive roles for these purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel are issued an L-1A visa, initially for a three year period extendible in two year increments to a maximum of seven years.

Specialized Knowledge Staff

This category covers those with knowledge of the company's products/services, research, systems, proprietary techniques, management, or procedures. Staff in this category are issued an L-1B visa, initially for three years extendible to a maximum of five years.

On completing the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.

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